Can anyone provide me with some insight on buying/claiming abandoned property?

simmed

There's a large old house near where I live. I'd estimate 6 bedrooms.

the-mango

look up who owns it on the land registry then try and find them?

G_M

1) report it to the council: see here

2) check the ownership here.

Claim it? :rotfl:

( Oh, and beware the new criminal squatters law this month!)

simmed

Thank you. I am unsure of one thing. What exactly is the difference between squatting and adverse possession?

In my case. The property has been abandoned for 15+ years and is in a terrible state. At first I am actually hoping to grow some plants and maybe raise chickens on the land. If I fenced the land,* renovated it, cleaned it, put down plants, etc, in an attempt at adverse possession, would I be a squatter committing a criminal offence?

*I wouldn't spend much doing so

G_M

The law is new this week. I don't know.

Guidance here.

mjdh1957

'Squatting' and 'adverse possession' are the same thing. 'Adverse possession' is the posher way of putting it.

Land_Registry

The difference between squatting and adverse possession is really just down to in what context the subject is being referred to.

Squatting has traditionally been the term used to describe someone who is both homeless and essentially 'living in' a property which is not their own. I am sure that there are a myriad of better ways of explaining this though.

From a Land Registry perspective the term ‘squatter’ is used to refer to anyone in, or claiming to be in, adverse possession.

Adverse possession is essentially the technical term associated with the action of squatting and hence it is often referred to as "squatter's rights". Sometimes a person occupying land without the owner's consent for a period of at least 12 years can acquire title to that land. However, the law on this subject is complex and each case is judged on its own merits.

As G_M rightly posts you need to check whether the property is registered and once established you should then read the appropriate Practice Guide - PG 4 for registered land and PG 5 for unregistered land.

The guides explain Land Registry’s approach to adverse possession applications in respect of registered/unregistered land and the procedures for making an application (i.e. after you have 'squatted' for the required peiod of time)

NB the guides are aimed at conveyancers and property professionals dealing with the registration of such claims.

As you will appreciate the law concerning adverse possession is a very complicated one and I would always recommend that before you embark on trying to 'claim a property' that you understand fully what is required to give such a claim the best chance of succeeding

Finally, if the property is registered then the title will give you the owner's details.

simmed

Thanks. Currently looking on landregistry (will update)

simmed

I have the title register. As far as I can see, the owner has held the property for nearly 30 years. It has been abandoned for at least 15 years (if my memory serves me correctly).

I am still unsure on the legality of adverse possession. If it is now a crime to enter abandoned residential property, surely all adverse possession is now a crime? That is to say, it is impossible to engage in adverse possession without committing the original crime of entering owned land.

LittleMissGiggles123

If you now have the owners details, why dont you just contact them & see if they will take an offer to buy, rather than try to 'claim' the property in a way that could potentially get you in to trouble with the law.

poet123

simmed wrote: »

I have the title register. As far as I can see, the owner has held the property for nearly 30 years. It has been abandoned for at least 15 years (if my memory serves me correctly).

I am still unsure on the legality of adverse possession. If it is now a crime to enter abandoned residential property, surely all adverse possession is now a crime? That is to say, it is impossible to engage in adverse possession without committing the original crime of entering owned land.

It could be the subject of a family dispute, the person could be institutionalised, in prison, moved abroad etc. Do you really have an intent to buy or just free usage?;)